regarding accidental killing.
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The questioner : The questioner:The questioner : He says: Regarding accidental killing; if two people are in a car, and the car overturns, and the other person dies—meaning not the driver—and if a man strikes another man on the road, unintentionally, and the man dies; which of these is accidental killing? And in which of them is the blood money and expiation obligatory?
The Shaykh : Clarify: is the victim one person or two?
The questioner : No, the two issues are different.
The Shaykh : Okay, let us stick to the first issue.
The questioner : He says: two people are in a car and the car overturns, and the one with the driver dies?
The Shaykh : In my view, this issue requires some precision. It should be studied to determine the cause of the car overturning. If the matter is attributed to the driver’s ignorance of driving, or to a defect in the car—such as its tires being old, such that they cannot withstand driving on them even at a moderate speed due to their age, or similar causes that are usually, in the knowledge of car mechanics, the reason for overturning—then if any of these things are found, or the driver’s ignorance that I mentioned, then it is accidental killing at that time. In that case, the blood money is due. However, if none of these causes related to the driver’s ignorance of driving, or related to his car and his failure to prepare it properly for such a departure, are found, then this situation differs from the first situation. In that case, there is no blood money when he is knowledgeable and maintains the car. And the reverse is exactly the same. This is my opinion on the first issue.
The questioner : The second issue: if a man strikes another man on the road, unintentionally, and the man dies?
The Shaykh : It is not hidden that accidental killing is killing without intent. So the important point is that this is accidental killing. Therefore, the deceased... the blood money is paid from his estate... it is accidental, and the blood money is due, even if the one who caused the accident dies.
The Shaykh : Clarify: is the victim one person or two?
The questioner : No, the two issues are different.
The Shaykh : Okay, let us stick to the first issue.
The questioner : He says: two people are in a car and the car overturns, and the one with the driver dies?
The Shaykh : In my view, this issue requires some precision. It should be studied to determine the cause of the car overturning. If the matter is attributed to the driver’s ignorance of driving, or to a defect in the car—such as its tires being old, such that they cannot withstand driving on them even at a moderate speed due to their age, or similar causes that are usually, in the knowledge of car mechanics, the reason for overturning—then if any of these things are found, or the driver’s ignorance that I mentioned, then it is accidental killing at that time. In that case, the blood money is due. However, if none of these causes related to the driver’s ignorance of driving, or related to his car and his failure to prepare it properly for such a departure, are found, then this situation differs from the first situation. In that case, there is no blood money when he is knowledgeable and maintains the car. And the reverse is exactly the same. This is my opinion on the first issue.
The questioner : The second issue: if a man strikes another man on the road, unintentionally, and the man dies?
The Shaykh : It is not hidden that accidental killing is killing without intent. So the important point is that this is accidental killing. Therefore, the deceased... the blood money is paid from his estate... it is accidental, and the blood money is due, even if the one who caused the accident dies.
Source
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